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langagadu

03-29 03:50 PM

I would opt for Mexico

wallpaper que el Amor SI Existe.

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desiron

08-08 08:56 PM

I agree but this statement "previous editions of the I-485 form accepted" sounds like a generic one because today's FAQ clearly relates to "EB I-485" and the word "Should", not "may or can"... thats what puzzling me...

Thanks

El Amor No Existe

Cheetah5

01-28 12:03 AM

Hi,.. My perm was applied in Apr audited and finally heard that my perm denied in July 2010. Reason - travel language in the notice of filing but not on form 9089.

Attorney will be filing for an appeal. Do you think its a good option ? Also how long would it take to receive an answer?

As luck would have it , my H1-b 6 yrs expires in Nov -2010. However my company did apply for an extension to Oct 2011 based on my Perm. Now that my perm has been denied is that extension still valid? thanks,..

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loma

04-15 10:03 AM

If your e-file gets rejected, you can send in your retrun electronically, and submit a paper form: Form 8453-OL with your signatures. I did this with TurboTax software.

This is a substitite for a complete electronic e-file, in that you don;t have to mail the complete return by post, and you can get refund more quickly.

Nuke bill was an agreement between two nations - India and USA - hence Indian govt had a legtimate interest to lobby for it. Lobbying to change the immigration laws of a sovereign nation by a foreign govt is another cup of tea altogether, and will definitely give a bad name to our cause. You have seen what happened when Vincente Fox lobbied for CIR: even americans who were otherwise sympathetic to CIR were hostile to the idea of a foreign head of state telling them what to do with their immigration laws, and quite understandably so. This is a dead horse anyways - what is the point of flogging it further ?

If the govt can lobby for nuke bill, why they cannot do it for techs? Govt well know that a big chunk of money is gonna come from NRIs and even bigger will come from future NRIs. To sustains India's growth they need it big time. In my opinion it would be a good idea to seek Govt of India's help..

I just received a FP notice for my wife scheduled for Sep 19, 2007. I have not received mine yet (I am the primary applicant), I have a few questions regarding this. Please help me if you have any information.

1. Is it normal for the primary applicant to not receive FP notice at the same time as dependent? 2. Can my wife get it done without me getting an FP notice? 3. Can I get my FP done on the same day as my wife even though I did not receive my FP notice? 4. I have filed for I-485, EAD and AP, will we both receive an FP notice for all 3 applications or it is just one FP for all applications?

Please help us with your expertise. Thank you very much for all your time.

PD: Aug 2005 EB3 INDIA Nebraska

You should get yours in 1-2 days

2010 El Amor No Existe

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iad2ead

01-10 05:03 PM

I'm on H1B and my family members are on H4. I'm still working on H1B and never used EAD/AP.

I would like to renew my EAD/AP which has expired in Oct'08.

My lawyer is charging huge fees and it is turning out to be very expensive to renew EAD and AP for all my family members.

Have anyone renewed EAD and AP after such a long gap of expiry? Will e-filing help or paper filing is efficient? Any experiences from forum members regarding this will be appreciated.

My name is Moolchand Tanwar, i applied for GC got my I-140 Approved and few days back i got my I-485 Denial Notice. I here write the letter which i received from USCIS. Please go through the letter which i received and suggest me what should i do and where i can find a better help full attorney. -------------------

DECISION ON APPLICATION FOR STATUS AS PERMANENT RESIDENT Upon consideration, it is ordered that your I-485 be denied for the following reasons: On February 4,2008, you filed an application to register permanent residence or Adjust status (form I-485) with USCIS (" the service") based upon an approved petition for Alien worker(I-40) with filed on your behalf by you employer, ABC COMPANY INC ( name not disclosed here) ( hereinafter as " the petitioner"). In doing so you sought to obtain an immigration benefit pursuant to section 245 of the immigration and nationality Act, as amended (the Act.)

On June 8, 2010, you appeared for an interview at the USCIS netwark Field office in connection with your I-485 application. Service records revealed that entered the United States on August 15, 1997 as a nonimmigrant B2 Visitor with permission to remain in the United States for a temporary period not exceed 6 months, February 14, 1998. At the time of the filing of your form I-485, you were no longer in a lawful status. Therefore, you must satisfy the requirement under Section 245(i) of the Immigration and Nationality Act (INA) in order to adjust status in the United States to that of a lawful permanent resident. Section 245(i) of INA further states, in Pertinent part that: (1) Notwithstanding the provisions of subsections (a) and (c) of this section, an alien physically present in the United States---- (A)WHO----- (i) entered the United States without inspection: or (ii) is within one if the classed enumerated in subsection (c) of this section: (B) who is the beneficiary (including a spouse or child of the principal alien, if eligible to receive a Visa under section 203(d) of--------- (i) a petition for classification under section 204 that filed with the Attorney general on or before April 30, 2001; or (ii)an application for a labor certification under section 212(a)(5)(A) that filed pursuant to the regulations of the secretary of Labor on or before such date; and (C) who, in the case of a beneficiary of a petition for classification, or an application for labor certification, described in subparagraph (B) that was filed after January 14, 1998, is physically presented in the united states on the date of the enactment of the LIFE Act Amendments of 2000; may apply to the Attorney General for the adjustment of his or her status to that of an alien lawfully admitted for permanent residence, The Attorney General may accept such application only the alien remits with such application a sun equaling $1,000 as of the date of receipt of the application.....

8 C.F.R Section 245.10(n) states in pertinent part that: (n) Evidentiary requirement to demonstrate physical presence on December 21,2000. (1) Unless the qualifying immigrant visa petition or application for labor certification was filed on or before January 14, 1998, a principal grandfathered alien must establish that he or she was physically present in the United States on December 21,2000 to the eligible to apply to adjust status under Section 245(i) of the Act. if no one document establishes the alien's physical presence on December 21,2000; he or she may submit several documents establishing his or her physical presence in the United States prior to and after December 21, 2000.

Section 245(i) of the INA provides that certain individuals may still adjust status despite the ground of ineligibility listed in section 245(c) of the INA, if the priority of their underlying immigrant visa petition is on or before April 30, 2001 and they can establish physical presence in the United States on the December 21, 2000. As evidence of you eligibility under section 245(i), you claimed that you were grandfathered by the approved I-140 petition filed on your behalf by ABC COMPANY INC ( name is not disclosed here) the petitioner which has a priority date of April 18, 2001 under section 245(i) of the INA. As said petition was filed after January 14, 1998, you were required to provide evidence that you were physically presented in the U.S. before December 21, 2000. In response to a Request for further Evidence (REF) issued by the officer on your Interview day on 6/8/2010, you appeared at the USCIS network Field office on 7/9/2010 as scheduled. You submitted the following document: (1) Supplement A to the Form I-485 along with the $1000 penalty fee pursuant to Section 245(i) of the INA; (2) An employment letter from a ( name not disclosed here) the president of ABC COMPANY INC ( name not disclosed here) (3) Your attorney's statement regarding the employment portability under the American Competitiveness in the 21st Century Act; (4) A Letter from an ( Person name not disclosed here) testifying your tenancy from 1/2000-12/2003 as the proof that you were physically presented in the United States around December 21, 2000.

Having reviewed the evidence you submitted, the service determines that you failed to establish that you were physically presented in the United States on December 21, 2000. Thus, the service concludes that, lacking any evidence of Physical presence, you are statutory ineligible to adjust status under Section 2459i) if the Act. Therefore, your I-485 Application to Register Permanent Residence or Adjust Status is Denied.

USCIS is not initiating removal procedures against you at this time. The decision resulting in the denial of form I-485 leaves you without lawful immigration status and you are presenting the United States in violation of the law. You are required to depart the United States within thirty days fro the date of this decision, or be subject to removal proceedings. Remaining in the United States beyond this time will also affect your ability to return to the Unites States, Also as of the date of this notice, any employment authorization granted based on the pendency of your application is hereby revoked. ------------------

Please suggest what should i do now. Can i appeal for it, If i appeal how long USCIS to take for decision. Will i ever get my GC approved.

I am really very depressed and tensed please help.

Thanks

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wandmaker

08-17 01:19 AM

We got "Approval Notice Sent" emails 6 days back. I received my EAD 3 days back but haven't received my wife's yet.

Has anyone filed for Replacement EAD? Do we need to wait 30 days from the date we received the approval email? How long does it take usually to receive a Replacement card?

Please share your experiences. Thanks.

"Card production ordered" is the first status that you will see and then it will change to "Approval notice sent". Tentatively, Your card will be postmarked with the date when your status changed to "Approval notice sent" and it takes upto 4 calendar days to receive the card through mail. Usually, approval notice goes to attorney on file for 765, if you have filed G28 otherwise you will receive it. Call USCIS and find out whether the card is ordered then ask for follow-up actions and decide whether to file for replacement card. There is no separate form for replacement cards - you will still be using same 765 form; I guess, same processing time applies - you may expedite by taking infopass after receiving the receipt notice for your replacement card by providing the letter from the employer. Hope this helps.

Few months ago while googling about GC related stuff I came across a link, which, after going through few subsequent links, lead me to a link on the dol website from where I downloaded these databases. They are very huge (> 30 MB) so if you tell me (PM) you employer name and PD then I can look through the database and let you know the job title and code.

File an H-1B extension while the PERM appeal is pending, asking for one year extension beyond the 6th year. It will be approved with proof of the pending appeal. Then, file a prepare a new PERM filing, withdraw the appeal, and file the new PERM case. With LUCK, you will be able to get the PERM approved and Premium Processed the I-140 before the termination of the 7th year H-1B.

Best regards, Charles

Matt Peru

08-17 08:52 AM

Hi Prem,

Thank you very much for the insight of my issue. Just want to inform you that my employer(who intitiated the transfer now) are the employer and the client for me. Hopefully I might not get any RFE and as you said if I get the reciept number after 14 or 15 calendar days and update the result of petition in a week or so, that would be great.

Once again thank you very much for your reply. I will keep posted about my status.

-Matt

kishdam

03-09 08:25 PM

G-28 is for attorney representation - if a registered attorney is representing an applicant we give the authoraization so that USCIS deal directly with attorney. I am not sure if there is anything like "G-28 Self". In case where we already filed G-28 and gave authorization to one attorney - changing it to another attorney seems a bit straight forward - send a new G-28 and request to supersede it with earlier one. But just cancelling the earlier one so we represent ourselve seems a bit grey. But its just my understanding if anyone has done self representation and successfull changed G-28 - please let all of us know.

(Note: I am thinking of going with lawyer just for this G-28; my old employer may not revoke approved I140 so I was thinking of not sending AC21 letter; but want to change the lawyer representation so that any communication will get to me; no lawyer is offering just this everyone I talked to are clubbing G-28 with AC21 and charging accordingly)